UPDATED 12 13 17:  The U.S. Department of Labor is extending the comments deadline to February 5, 2018. ____________________ We have previously written about the U.S. Department of Labor’s position adopted in 2011 saying that an employer may not retain any of an employee’s tips even if management: â—ŠÂ Â Takes no tip-credit under the federal Fair Labor Standards Act’s…
A BloombergBNA report suggests that the U.S. Department of Labor is seriously considering retaining the Obama Administration’s procedure (or something like it) for automatic “updates” to the compensation thresholds specified in the federal Fair Labor Standards Act’s Section 13(a)(1) exemption regulations. Apparently, U.S. Labor Secretary Acosta recently revealed this in closed-door remarks to the U.S. Chamber of…
1. Background Screeners are also often referred to as Consumer Reporting Agencies (CRAs), because the screenings we produce are construed by the law as consumer reports on prospective employees and tenants. 2. A consumer report is defined as: Any written, oral, or other communication of any information by a consumer reporting agency bearing…
A recent court case in the Eastern District of Pennsylvania highlights the importance for employers’ adherence to the Fair Credit Reporting Act (FCRA) notice requirements when using background screening reports for hiring.Â
California Governor Jerry Brown signed into law Assembly Bill 168 on October 12, 2017, placing new restrictions and requirements on employers during the hiring process.
TGIF!
On October 14, 2017, Assembly Bill 1008 (AB 1008) was signed into law by California Governor Jerry Brown. This new “Ban the Box†legislation (the “box†refers to the section on job applications that candidates check if they have a criminal record) is an added section to the California Fair Employment and Housing Act (FEHA) restricting the ability of California employers with 5 or more employees to make pre-hire and personnel decisions based on an individual’s criminal history.
Recently, a group of student reporters at Pittsburg High School in Kansas uncovered something unexpected about their new principle, Amy Robertson. While gathering information for an article they intended to write to welcome Ms. Robertson to the school, the students found reason to question her credentials; and the article they eventually wrote resulted in Ms.…
On March 27, 2017 the California Office of Administrative Law (OAL) approved new regulations relating to the use of criminal background information in employment decisions. These new regulations will go into effect on July 1st of this year. In addition to restating the existing bans on the use of criminal history in California (like using…
Have you ever had a background check conducted for an employee and then wondered if you can use the information provided for another purpose? The Federal Trade Commission recently posted an article to its blog explaining how, in accordance with the FCRA, an employer or other user of a consumer report cannot “double dip†the…
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